ACCEPTANCE OF TERMS: This is a Website of Toned In Ten plc (“Toned In Ten”). Use by you of this Website and any other websites operated by Toned In Ten and its group companies (the “Toned In Ten Sites”), together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or any other Toned In Ten Site or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a Toned In Ten Site.
1. CONTENT: The copyright in the material contained on, in, or available through this Website or any other Toned In Ten Site or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Toned In Ten or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.
2. CONTENT SUBMITTED TO THE WEBSITE: Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) on to designated areas of certain of the Toned In Ten Sites. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded on to any Toned In Ten Site or Server or otherwise transmitted through this Website or any other Toned In Ten Site or Server by any visitor to this Website is referred to as “Content”. Toned In Ten does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, Toned In Ten does not guarantee the accuracy, integrity or quality of such Content. Toned In Ten shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the foregoing, Toned In Ten shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through any Toned In Ten Site or Server and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which Toned In Ten receives any complaint (whether valid, justified or not).
3. LINKS TO THIRD PARTIES AND DOWNLOADS: This Website and other Toned In Ten Sites or Servers may contain links to websites operated by third parties (“Third Party Websites”). Toned In Ten does not have any influence or control over any such Third Party Website and, unless otherwise stated, is not responsible for and does not endorse any Third Party Website or its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website. From time to time, Toned In Ten may receive a fee and/or commission from a third party product or service provider if you link to a Third Party Website from a Toned In Ten Site and purchase products or services from them.
DOWNLOADS: You acknowledge and agree in relation to any downloads which are accessed on or via a Toned In Ten Site (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to an applicable end user licence agreement; (ii) you are not permitted to modify, copy, commercially exploit, resell or otherwise use a Download in any way which is contrary to applicable laws or regulations. Y our attention is drawn to section 7 of these Terms and Conditions, which you should read carefully before commencing any Downloads.
4. MEMBER CONDUCT: You agree that when using the Website or any other Toned In Ten Site or Server you will not: (a) Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another’s privacy or contains any illegal content; (b) Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or any other Toned In Ten Site.
You acknowledge that you are solely responsible for maintaining a secure password for the purpose of gaining access to the member sections of this Website or any other Toned In Ten Site or Server. You agree to indemnify Toned In Ten and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of this Website or any other Toned In Ten Site or Server other than in accordance with these Terms and Conditions.
6. DISCLAIMER / LIABILITY This Website, any other Toned In Ten Site or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content are provided on an ‘asis’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) Toned In Ten disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other Toned In Ten Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other Toned In Ten Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, noninfringement and title are, as between Toned In Ten and you, hereby excluded.
If Toned In Ten is liable to you directly or indirectly in relation to this Website, any other Toned In Ten Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other Toned In Ten Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Toned In Ten granting you membership to this Website or any other Toned In Ten site.
DOWNLOADS: Without limiting the foregoing, you expressly agree that Toned In Ten, its officers, subsidiaries, employees and/or affiliates shall have no liability whatsoever for the performance of any software product you purchase and/or download through, or via a link from, the Toned In Ten Sites (“Download”). You expressly acknowledge and agree that use of any Download is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
7. NO RECOMMENDATION OR INVITATION TO INVEST: No information on this Website constitutes or shall be deemed to constitute an invitation or recommendation to invest or otherwise deal in shares or other securities in Toned In Ten plc and the information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any such securities. If you are considering an investment you should make your own, independent assessment and take appropriate independent professional advice.
8. ACCESS RESTRICTION: Toned In Ten reserves the right in its sole discretion to deny you access to this Website or any other Toned In Ten Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, Toned In Ten may deny you access to this Website or any other Toned In Ten Site or Server if Toned In Ten exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.
9. ONLINE COMPETITIONS: If you take part in any competition which is run on or through this Website or any other Toned In Ten Site or Server (“Competition”), you agree to be bound by the Online Competition Rules and any other rules specified by Toned In Ten from time to time (“Competition Rules”) and by the decisions of Toned In Ten, which are final in all matters relating to the Competition. Toned In Ten reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
10. GENERAL: These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Toned In Ten concerning your use of this Website or any other Toned In Ten Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Toned In Ten in relation to such matters.